William Harrington

December 05, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington discuss two lawsuits filed in October that challenge the SEC's use of administrative courts. In both cases the plaintiffs complain at length about the advantages the SEC enjoys in the administrative process and imply that their particular case involves an example of the SEC overreaching. But their legal arguments focus on the extraordinary authority and discretion that SEC administrative law judges enjoy.

By Richard Strassberg and William Harrington

10 minute read

September 19, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Benjamin P. Saul write: In the wake of the Financial Crisis, the federal government has invigorated its civil fraud enforcement. The DOJ has dominated the headlines in this area with a series of significant lawsuits and resolutions involving mortgage lenders. Yet, behind the headlines, a curious, new category of enforcers is emerging to target violations of federal civil consumer financial protection laws: state agencies and attorneys general.

By Richard Strassberg, William Harrington and Benjamin P. Saul

11 minute read

May 30, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write that civil complaints alleging violations of FIRREA or the False Claims Act, which the DOJ is using more and more, can carry brutal repercussions, so the incentives to remain silent are strong. However, the repercussions of the decision to invoke the Fifth Amendment can be significant.

By Richard Strassberg and William Harrington

10 minute read

February 28, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Goodwin Procter partners Richard Strassberg and William Harrington write: Many companies rely on quality control procedures to monitor known areas where errors occur and ensure that these errors do not stray too far from accepted levels or industry norms. But in the context of a federal civil fraud investigation, the results of even a well-functioning quality-control process can become problematic.

By Richard Strassberg and William Harrington

11 minute read